Mondaq All Regions - Cayman Islands: Litigation, Mediation & Arbitration
Conyers Dill & Pearman
In the matter of Pacific Harbor Asia Fund I, Ltd (In Official Liquidation) the Grand Court appointed joint official liquidators from different firms due to the differing opinions of various stakeholders...
Conyers Dill & Pearman
It is well settled that the Cayman Court's power to order the winding up of a Company is discretionary, section 92 of the Companies Law (2013 Revision) providing that ‘A company may be wound up by the Court if …'.
Conyers Dill & Pearman
In late 2008, RMF Market Neutral Strategies (Master) Limited ("RMF") sought to cash in its investments in DD Growth Premium 2X Fund (In Official Liquidation) (the "Company"), a feeder fund incorporated in the Cayman Islands, ...
Maples and Calder
Unless the tribunal directs otherwise, its award carries interest from the date of the award at the same rate as a judgment debt.
HSM Chambers
A non-resident plaintiff in the Cayman Islands may be required by the Court to post security for a potential adverse costs award in favour of the defendant.
Conyers Dill & Pearman
If at the Court Meetings the creditors vote to approve the scheme, the Court must then consider whether it is appropriate to sanction the scheme.
Carey Olsen
Partners from our dispute resolution and litigation practice have drafted the Cayman Islands chapter of PLC's dispute resolution and litigation guide.
Appleby
A Cayman fund that was "to a very substantial degree, the author of its own misfortune" has lost its USD 2 billion suit to recover Madoff related losses from its custodian and administrator.
Appleby
The primary sources of arbitration law in the Cayman Islands are the Arbitration Law, 2012 and the Foreign Arbitral Awards Enforcement Law (1997 Revision), which gives effect to the Convention on ...
Conyers Dill & Pearman
In Qihoo 360 Technology Co. Ltd (unreported 26 January 2017) the Honourable Justice Quin held that the Grand Court had power to order an interim payment to be made by the Company to dissenters...
Campbells
In a novel judgment of Mr Justice McMillan delivered on 1 August 2017, the Grand Court of the Cayman Islands awarded costs against non-parties that did not fund or control the proceedings in issue.
Campbells
Anecdotally, there has been a marked increase recently in the use of arbitration as a means by which to resolve commercial disputes in the Cayman Islands.
Walkers
As such, Mangatal J. confirmed that "the circumstances of the case warrant the Court granting orders in relation to the appointment of a forensic expert to carry out a forensic audit.
Maples and Calder
The Cayman Islands is a British overseas territory with an English-style common law legal system that comprises statute law and binding case precedents.
Conyers Dill & Pearman
Herald's position was that all investors who were unpaid on 12 December 2008 rank as ordinary shareholders and should therefore be paid pari passu.
KRYS Global
Kenneth Krys and Charlotte Caulfield secured a further victory in their long-running litigation with US hedge-fund Farnum Place LLC before the US Second Circuit of Appeals.
Conyers Dill & Pearman
While it is a relatively rare occurrence, circumstances can arise in the life of a trust that lead a trustee to the view that its hands are effectively tied and which potentially put the proper...
Campbells
In Batista, the Grand Court has clarified that the scope of the statutory jurisdiction to grant a freezing order in support of foreign proceedings may extend to a person outside the jurisdiction...
Campbells
The Court was considering a sanction application by which Scheme Supervisors sought authorization to enter into a settlement agreement with a law firm.
Conyers Dill & Pearman
Obtaining authorised access to confidential documents in offshore jurisdictions is, in some circles at least, the holy grail of information gathering.
Most Popular Recent Articles
Maples and Calder
Unless the tribunal directs otherwise, its award carries interest from the date of the award at the same rate as a judgment debt.
Conyers Dill & Pearman
In late 2008, RMF Market Neutral Strategies (Master) Limited ("RMF") sought to cash in its investments in DD Growth Premium 2X Fund (In Official Liquidation) (the "Company"), a feeder fund incorporated in the Cayman Islands, ...
Conyers Dill & Pearman
In Qihoo 360 Technology Co. Ltd (unreported 26 January 2017) the Honourable Justice Quin held that the Grand Court had power to order an interim payment to be made by the Company to dissenters...
Maples and Calder
Aristos Galatopoulos and Luke Stockdale provide an analysis of recent changes and developments in the area of dispute resolution for the Cayman Islands.
HSM Chambers
A non-resident plaintiff in the Cayman Islands may be required by the Court to post security for a potential adverse costs award in favour of the defendant.
McGrath Tonner
This long-running case was taken on by Samson & McGrath 4 years ago and we are happy to bring the case to a successful conclusion. The award is an important and life changing settlement for our client.
Walkers
The formulation of "an arguable point of law of general public importance which ought to be considered by the Supreme Court at that time" is the same as that applied under the relevant procedural rules to an application for permission to appeal to the Judicial Committee of the Privy Council on appeal from the Court of Appeal of Jersey.
Campbells
In Batista, the Grand Court has clarified that the scope of the statutory jurisdiction to grant a freezing order in support of foreign proceedings may extend to a person outside the jurisdiction...
Campbells
Anecdotally, there has been a marked increase recently in the use of arbitration as a means by which to resolve commercial disputes in the Cayman Islands.
Maples and Calder
The Cayman Islands is a British overseas territory with an English-style common law legal system that comprises statute law and binding case precedents.
KRYS Global
Kenneth Krys and Charlotte Caulfield secured a further victory in their long-running litigation with US hedge-fund Farnum Place LLC before the US Second Circuit of Appeals.
Conyers Dill & Pearman
Herald's position was that all investors who were unpaid on 12 December 2008 rank as ordinary shareholders and should therefore be paid pari passu.
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